FRANKFORT, KY – Attorney General Russell Coleman defended the constitutionality of a Kentucky law that requires registered child sex offenders to use their full name on social media. In a brief before the U.S. Court of Appeals for the Sixth Circuit, General Coleman asked the court to lift a lower court's ruling that blocks the law from taking full effect.
"As a parent, I'm grateful to my own State Senator, Lindsey Tichenor, and Kentucky's legislators who are protecting our children from predators," said Attorney General Coleman. "This statute doesn't ban any speech, but it simply empowers kids and their parents to know who may be lurking in the shadows of the internet. The law clearly passes constitutional muster, and we hope the Sixth Circuit will quickly allow it to take full effect."
Earlier this year, the General Assembly unanimously passed SB 249, which was sponsored by Senator Lindsey Tichenor (R-Smithfield) and signed into law by Governor Andy Beshear. An anonymous registered sex offender challenged the law and asked the federal court to prevent Daviess County Attorney John Burlew from enforcing it. A federal district court judge blocked Burlew from enforcing the law against this particular registered child sex offender.
"The law is therefore little different than sex-offender registry laws, whose constitutionality is not in question. While those laws allow citizens to locate sex offenders in the physical world, SB 249 serves the same function for the virtual world," said the brief.
"The General Assembly took the bold and bipartisan step to protect Kentucky's children from online child sex offenders. I'm grateful to Attorney General Coleman for standing up for Kentucky kids by defending this commonsense law and giving all parents the opportunity to know who their kids are talking to on the internet," said Sen. Tichenor.
Kentucky Solicitor General Matt Kuhn and Principal Deputy Solicitor General Jack Heyburn filed the brief on behalf of the Commonwealth.
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